; e . e

¢ FORT WAYNE PAROLE DISTRICT
(PD#2) .

BROWN, Jeffrey 956175

ADDRESS: :
Robert Brown ,
1241 E. Hwy 6

Brimfield, IN 46794 :

REPORTING INSTRUCTIONS: : .
Within 24hrs of release subject is to contact SPA HARTMAN at 260-341-9978 (cell).
Fort Wayne Parole Office #2

3111 Coliseum Blvd
Fort Wayne, IN 46805

260-484-3048
Offender Signature
9-5-2
Date
Central Office
Parole Office
Packet

Offender

State 000131


Page 50 Page 52
1 registration requirements were -- should be in 1 believed should be applied to him?
2 place? 2 A Yes,
3 A Outside of those three, it could have just 3 Q And from 2012 until 2016, the only reason he
4 simply been that we just stumbled across the 4 continued to remain under the registration
5 record, and conducted a review ourselves. 5 requirements was because his case never came up
6 Q Allright. 6 for review; is that fair?
7 (Deposition Exhibit I marked for 7 A Correct.
8 identification.) 8 Q Okay. And before March of 2016, the Indiana
9 Q Ifyou look at Exhibit I. Have you seen this 9 Department of Corrections never notified anyone
10 document before? 10 with the Noble County Sheriff's Department that
11 A Ido not believe so. 1 those registration requirements no longer
12 Q Itappears simply to be a notification from 12 applied to Mr, Brown?
13 Wanda Truelove, who works and worked for the 13. A Not to my understanding.
14 Noble County Sheriff's Department, to Mr. Brown, 14 MR. KEEN: Brent, those are all the
15 __ that he had been removed from the registration 15 questions I have for you today. Thank you so
16 requirements pursuant to the determination of 16 ~~ much,
17 the Indiana Department of Corrections, do you 17 MR. FINDLEY: Chris, you want to go next?
18 see that? 18 MR. MYERS: Yeah, I have a couple of
19 A Yes. 19 questions.
20 Q Okay. So is it your understanding, Brent, that 20
21 the reason that the determination -- the reason 21 CROSS-EXAMINATION,
22 that there wasn't a prior determination before 22 QUESTIONS BY MR. CHRISTOPHER C. MYERS:
23 March of 2016, that -- of whether or not 23 Q So, Mr. Myers, did you ever make a determination
24 Mr. Brown was required to register as a sex 24 that the state or the IDOC's belief that
25 offender, was simply because he didn't fall into 25 Mr. Brown had to register -- did you ever make
Page 51 Page 53
1 one of those three categories you just 1 the determination that that belief was improper?
2 described? 2 A Idon't think I understand what you mean by
3 A Yes. We were, in addition, given advice that we] 3 improper.
4 didn't have to go back and look at all the 4 Q Improper in this context would mean that the
5 individuals that potentially could fall under a 5 state's belief, at least in the end, was
6 previous court decision, and so we did it going 6 determined to be a wrong belief, that is that
7 forward when individuals either brought the 7 even back in 2012, Mr. Brown should not have had
8 issue to us, or there was litigation, or it 8 _ toregister as a sex offender for life?
9 would be a new release, something to indicate 9 A Based on the advice we received, no. I still
10 that a review should be done. 10 _ believe that's correct.
11 Q That was other legal advice you're describing 11 Q So you think that he correctly had to register
12 that you received? 12. back in 2012?
13, A Yes, 13. A Based on the advice that we received from
14 Q So based upon your review of Jeffrey Brown's | 14 — counsel, that was our approach. And at this
15 individual case, and the decisions that were 15 point I don't see why there would be any
16 made in 2009 and 2012, that he had to register | 16 — difference to that. Certainly, Wallace v. State
17 as asex offender, that those determinations in 17 came down before that date, but the advice we
18 2009 and 2012 were correct in keeping with what] 18 received was it was an "as applied decision,"
19 was then the policy that the Indiana Department |19 and I don't think that has changed.
20 of Corrections had in place? 20 Q Okay. So think you've answered my question,
21 A Correct. 21 that is that the Wallace v. State decision was
22 Q So it wasn't as if it was a mistake of the 22 made prior to 2012; correct?
23 procedures, or the application of the procedures |23 A That is correct.
24 on those two dates, those were proper 24 Q Allright. And so the law was out there,
25 determinations as far as your department 25 depending upon how you wanted to review it and
14 (Pages 50 - 53)
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Jul. 25, 2012 11:05AM e ry No. 4326 =P. 10
PAROLE STIPULATIONS FOR SEX OFFENDERS
‘Slate Form 49708 (R/ 7-07) .
INDIANA PAROLE BOARO
Name of plender [Psperment al Coniecion number
ae uy [Fe 7 Noe
DEFINITIONS: (

‘¢ Child or children is / are any person or persons under the age of elghteen (18) years.
© Conlact means face-to-face, telephonic, correspondence, compuler, of Indirect contact vis third parties,

OFFENDER
STIPULATIONS INITIALS

1, You shall enroll in, actively pactlolpate In and successfully complete an approved sex offender trealment progtamn,
‘You must maintain steady progress lovtard all {realment goals and may not change treatment providers without prior SJ 8B
approval of your parcle agent. Prompt payment of any fees Is your responsiblity,

2. Yau shall sign any waiver of confidenilelily, rstease of Information, or any other documents required to permit your
patole agent andior behavioral management or treatment provideys to examine any and all records, fo collaboratively
+ share and discuss your behavioral management conditions, treatment progress, and parole silpulation needs as &
. team, This permission may extend to: (1) eharing your relapse prevention plan end treatment progress with your J 6
significant others and/or yaur victim and viotim's therepts| aa directed by your parole agent or treatment provider(s),
and (2) sharing of yout madus operand! behaviors wilh Iaw enforcement personnel,

3, You shall be required (o inform ail persons living et the same residence of current and previous eex related convictions
prior to establishing residency, as verified by your parale agent, You shail notify your parole agent of any change
In home situations or martal status within twenty-four (24) houre, You shall have only ane residence and ene calling J8
address ata time,

4, You shall nettouch, Photograph (still or maving), correspond with (via /atter or email), andlor engage In “small talk’
Of unnecessary conversation with any child, including your awn, either directly or via third Parly, or attampt to do
any of the preceding without wiitten approval in advance by your parole agent in consultation with your treatment
provider. You must never be In any veblole prany residence with any child, Including your own, even if other adult{s) 38
(stare present, without written approvel in advance by your parole agent in consultation with your treatment provider,
‘You must report any Inadvertent contact with children to your parole agent within twenty-four (24) hours of contaot,

5. You must not reside, visit or be within one thousand (1,000) fest of public parks with playgrounds, pools, rides,
and/or nature trails; schools, day care centers, public swimming pools, public beaches, theaters, or any other place J 8
where childten can reasonably be expected to congregate,

‘You shail have no contact with your victim or Vietimn's farnily, unless prior approval Is granted by your parole agent
‘and treatment provider, and only under special supervised conditions. J B

7. Youshall comply with any medical or mantal health treatment or assessment, and any other behavioral management
Stipulations as required by your parole agent, You wil only participate in behavioral management programe approved
by your parole agent, You will not miss any appointments for psychatherspy, counseling, or community service ~~) 8
‘obligations withaut the prior approval of your parole agent or treatment providers, You will not discontinue teking
any prescribed medication without the approval of yout prescribing physician and you must Notify your parole agent
4 and treatment provider within three (3) working days of discontinuing the medication,

8. You shall not possess or view any material that Is obscene, which for the purposes of this stipulation, is whal the
average person, applying contemporary community standards, finds that the dominant theme of the material, taken
a8 a whole, appesis to a mortid, degrading, and unhealthy interestin sex; depicts or describes, in 8 patently offensive
way, sexual conduot and taken and a whale, lacks serious Hierary, artistlo, political, or scientifia value, You shall

, hol visit strip Jolnts, adult bookstores, peep shows, bars where topless or exollc danoara pesto, of businesses
which sell sexual devices or alds. You shail not possess personal contact materials {lor example, megezines, or
_ Papers} that contain Inferination abou persons who are Sesiring to have personal relationships of any kind with
others. nor will you place any ads that ere sexual in content or respond by computer, telephone, of internet web
sites, to any sexually solicitous ads,

i Page t of3
State 000135



Page 14 Page 16
1 being made by each of our facilities, and we 1 Requirement to Register as a Sex or Violent
2 thought it made much more sense to have that 2 Offender,” do you see that?
3 centralized with one individual or a group of 3 A Ido,
4 individuals. 4 Q But you don't know whether this document was
5 Q On this exhibit, Defendant's Exhibit B, about 5 generated at the correctional facility or some
6 midway down the page, it references current 6 other place?
7 status, and it has boxes checked, parole and 7 A Idonot.
8 probation. Back in 2009, who made those 8 Q This is -- is it a form you don't recognize?
9 determinations? 9 A This form is not familiar to me.
10 A The -- can you clarify that question for me? 10 Q As part of the discovery in this case, we
11 Q Sure. This Exhibit B has this -- these boxes 11 requested all documents with the Department of
12 midway down the page that say current status, 12 Corrections that related to Jeffrey Brown, and
313 and there's a number of different boxes and this | 13 his registration as a sex offender, his status
14 one was checked parole and probation. I'm 4 in that regard. And we received a lot of
15 trying to figure out if that's something that 15 documents, but I believe the documents that
16 someone at the New Castle Correctional Facility | 16 related to his release in 2009, were limited to
17 determined, or were they informed that this is 17 Exhibit B.
18 the status of the inmate upon release? 18 Did you do any -- as part of that, any
19 A The form would have been filled out, again, by |19 search to determine whether the Department had
20 someone at a facility. However, ina particular. |20 any other records related to the determination
21 case of parole or probation, that is really 21 that he register as a sex offender at that time,
22 defined under Indiana code. If someone receives | 22 when he was released in 2009?
23 a split sentence, then they would have some kind | 23 A_ I looked at the information that we have, and I
24 of a probation or a court supervision 24 did find a copy of Exhibit B.
25 obligation; whereas, if they don't have that 25 Q Any other related documents in your files that
Page 15 Page 17
1 split sentence, they're going to be released to 1 you could locate at that time?
2 parole. 2 A There was a secondary notification, looking very
3 Q So that information was somehow provided 3 similar to this, from 2012.
4 apparently to someone with the correctional 4 Q Right. But I was talking about specifically for
5 facility in New Castle where Mr. Brown was 5 the 2009.
6 housed at the time? 6 A Inthe documents that I saw, or the information
7 A Itcould have been provided to them, or they 7 that I reviewed, no,
8 simply could have looked at Indiana code, and 8 (Deposition Exhibit D marked for
9 the individual sentence, and his conviction to 9 identification.)
10 make that determination. 10 Q Okay. Let me show you what's marked as
i (Deposition Exhibit C marked for i Exhibit D. If you could identify Defendant's
12 identification.) 12 Exhibit D for us?
13. Q Okay. I'm going to show you another document] 13 A This is a classification appeal through our
14 marked as Defendant's Exhibit C. Can you tell |14 classification division in the Department of
15 us what Exhibit C is? 15 Correction.
16 A This is not, as far as I know, a document from |16 Q And this is -- well, it was initially dated
17 the Department of Correction. What it appears |17 March the 12th of 2012; right?
18 to be is a document that -- or at least it's not 18 A Well, it's signed -- | mean there's initials or
19 a document that I've seen from the Indiana 19 something at the top, and it's March maybe 15th,
20 Department of Correction. 20 2012, and there's a date at the bottom that's
21 It appears to be a document -- it's 21 June 18th, 2012.
22 providing some instructions to Mr. Brown upon |22 Q_ But this is an appeal from Jeffrey Brown
23 what he's supposed to do with release from the | 23 regarding his classification as a sex offender;
24 Department of Correction, it appears. 24 correct?
25 Q Its titled at the top, "Notification of 25 A It appears to be the case, yes.

5 (Pages 14 - 17)

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CONDITIONAL PAROLE RELEASE AGREEMENT

‘State Form 23%

CONDITIONAL PAROLE REGULATIONS

{do hereby agree to abide by the following terms and conditions of Belg, as established by the Department of Correction and promulgated
by the Indiana Parole Board pursuant to IC 11-9-1-2; IC 14-133-4; 10 36-60-6-1.

INITIAL REPORTING - Upon my release from the Institution | agree to roceed diractly to the program approved by the division of parole and
report to my assigned supervising officer In ‘accordance with the written instructions provide r me at the time of my release.

EMPLOYMENT AND RESIDENCE - | will make every effort to remain gaintully employed and | understand that! must obtain written permis-
sion from my supervising officer prior to changing my ‘employment or residence.

$, TRAVEL: a)! understand that out-of-state travel will require written permission from the Division of Parole and be [n accordance with the
provisions of the Interstate Compact Agreement. Permission for such travel may be obtained after consultation with and recelving written
permission from my supervising officer.

5) l agree to consult with my supervising officer If personal needs or employment require frequent or prolonged periods beyond
the parole district or area to which | am released.
OWNING, LEASING, AND OPERATING MOTOR VEHICLES

a) | will obtain from my supervising officer written permission from the Division before applying for or renewing a license to
operate a motor vehicle.

agree

1.

2.

>

onsult with my supervising officer and receive his written permission prior to purchasing or leasing a motor vehicle.
Permission to own, , or operate a motor vehicle Is granted with the understanding that | shall comply with all state laws, local or-
dinances, and regulations of the Bureau of Motor Vehicles pertaining to ownership, financial responsibility, and the operation of motor
vehicles.

5, ABUSE OF ALCOHOL OF CONTROLLED SUBSTANCE - | understand that the following Is a violation of my parole:
jaing Intoxicated, or

b) Using, possessing, or trafficking Illegally Ina controlled substance. Abuse of alcohol or drugs Is not a defense for violation of
the parole release agreement.
VISITING JAILS OR CORRECTIONAL INSTITUTIONS - Visting Jails, city Jock-ups, or state or federal correctional facilities is permitted only
after first obtaining written permission of the parcige’s ‘supervising officer and of the chtef administrative officer of the Jali, clty lock-up, or
state or federal correctional facility to be vistited. Such visits shall be limited to visiting those who are blood relatives or spouses, unless
the supervising officer determines otherwise on a showing by me of a compelling reason.
7. CRIMINAL CONDUCT - | will not engage In conduct prohibited by federal or state law or local ordinance.

8. FIREARMS AND DANGEROUS WEAPONS - | understand that carrying, dealing in, or possessing firearms, explosive devices or deadly
weapons Is a violation of my parole release agreement.
HOME VISITATION AND SEARCH -
a) | will allow my supervising officer or other authorized officials of the Department of Correction to visit my residence and place
of employment at any reasonable time.
b) | understand that | am legally in the custody of the Department of Correction and that my, and residence or property
under my contro! may be subject to reasonable search by my Supervising officer or authorized official of the artmant of Correction If the

officer or officlal has reasonable cause to believe that the parolee Is violating or le In imminent danger of violating a condition to remaining
on parole.

40. COMMUNICATION AND SPECIAL INSTRUCTIONS -{ agree to report to my supervising officer as Instructed and to respond to any and all
communications from any a! fhorized employee of the Department of Correction. Twill ablda by any special conditions Imposed by the In
diana Parole Board which have been reduced to writing and Included as a condition of my parole.

SPECIAL CONDITIONS .
| understand that any acts of omissions In violation of the terms and conditions of my parole will subject me to being taken Into im-

mediate custody by the Indlana Parole Board and Initiation of proceedings for revocation of my parole.

{ heraby certify that the above statment of payeta rules, regulations and conditions of parole has been read and explained to me by the
following institutional Agent or Parole Officer, , and | agree and consent to thase rules and
regulations as evidenced by my signature this 5 ay of aeekeanlneit 20 Led,

CONDITIONAL PAROLE AUTHORIZATION

“AS! 7 om SU,

Sipnature of Ogender z
\Release’ by Parole Board pursuant to IC 11-13-23; IC 3550-61 per ia
Ghalrman's Signature Date Sites) ve Release Date

Ralaased Per IC 35-5064

To. wy nt yun cy ial \ aE pene Date

DISTRIBUTION : White - institution, Canary - Gentral Office, Pink - Parole Officer, Goldenrod - Parotee

State 000132



State of Indiana

Sex or Violent Offender Registration Form
Revision 4/ June 2010

IC 14-B-8-8
Required registration information
Sec. 8, The registration required under this chapler must include the following infotmation:

(1)The sex or violent offender's full name, alias, any name by which the sex or violent offender was previously known, date of birth, sex,
race, helght, weight, hair color, eye color, any scars, marks, or tattoos, Social Security number, drivar's license number or stale
identification card number, vehicle description and vehicle plate number far any vehicle the sex or violent offender owns or operates
on a regular basis, principal residence address, other address where the sex or violent offender spends more than seven (7) nights in
a fourteen (14) day period, and mailing address, if different from the sex or violent offender's principal residence address.

(2)A description of the offense for which the sex or violent offender was convicted, the dale of conviction, the counly of the conviction, the
‘cause number of the conviction, and the sentence imposed, if applicable,

(3)IF the person is required to register under section 7(a) (2) or 7(a) (3) of this chapter, the name and address af each of the sex or vialent
offender's employers in Indiana, the name and address of each campus or location where ihe sex or violent offender is enrolled in
school in Indiana, and the address where the sex or violent affender stays or intends to stay while in indiana,

(4)A recent photograph of the sex or violent oHender.

(S)If the sex or violent offender Is a sexually violent predator, that the sex or violent offender is a sexually violent predator.

(6)IF the sex or violent offender is required {o register for life, thal the sex or violent offender is required to register for life,

(7)Any electronic mail address, instant messaging username, electronic chal room username, or social networking web site username
thal the sex or violent offender uses or intends to use.

(8)Any other information required by the department.

"have read or had read to me the above information, By my signature, | indicate that | have received a copy of this information and that }
understand my dutles and obligations (0 register for a period of:

(Offetiver ‘ain
Inernot Restrictions LC 35-42-4-12
(Oftender initials)
4-S- 12
Primed name Date
Unereby certity that the above offender was informed of the abligation (o register with local law enforcement as required by IC 11-8-8.
- t Right Thumb
Deparment official Title Date
NEXT REGISTRATION DATE:
_ latest that | understand my duties and obligations as listed above so dated
Produced by OffenderWatch® - wywryaichsystems.coin Page 6 of 6

State 000138


7

State Form 46656 (R11 / 7-08)

Notification of Sex and VioleM@ifender Registration Resporilities and Other Duties

record cannot be processed without it.

*This agency is requesting the disclosure of your Social Security Number in accordance with IC 11-8-8. Disclosure is mandatary; this

Full Name of Offender (first, middle, fas
and suffix)

Sif fireq $. Broun

ist,

‘cg [Usthe offender-an offen
°36-42-4-117

¢ 5 oop

|. How tong Is the. otfe

D "register, under 1G’ 11
DOC Number (if applicable) Did the offender successfully complete the Indiana Yes Enter Date
Department of Correction’s Sex and Violent Offender Completed
ISt t A) a Registration Course? o
Social Security Number Date of Birth FBI Number
io Plo 117 PAL
Cause # IC Code (or out-of-state code) Felony Level
Y2 Dor DGeoY CF 327) 3s-Yr2-yip Fd&y
ee Parol Probation CCICTP Discharged Other
Rpfront Status Ea oe ag fs fs)
Release Date (walkout date) Next Registration Date a . re
2 Hee
4 le [f2e Tle: Heoes
- 7 -_ a Tt an a “Registered Address . ot oo
pence Street Address ° City State Zip Code
(4)
Brow | /A4l E- Hwy lo Brim & dd Ins 44
Work Street Address City State Zip Code.
School Street Address City State Zip Code

! have read or have had read to me the information contained in “Sex and Violent Offender Registration Responsibilities and Other
Duties”. By my signature, ! acknowledge that I have received a copy of this information and that | understand my registration duties and
obligations under IC 11-8-8, IC 35-42-4, and other corresponding Indiana Statutes.

Signature of offender

Printed name of offender DOC number

Date (month, day, year)

i heéby ci that the above offender was orally informed and provided a copy of the information contained
ie) ler Registration Responsibilities and Other Duties”,

in “Sex and Violent

Peds Ista

Printed name of wiiness

rill

Date (month, day, year)

ean

‘State 000134


RELEASE CHECIggIST e
Indiana Department of Cot .

[ OFFENDER NAME

DRT ERS
Broun \ eres, Gouas QIgl (A

TYPE OF RELEASE RefPaice LD) Probation [J Dual Supervision (“]Discharge [CTP
PAROLE PLACEMENT APPROVED ISrvES (No CINA TDATE: - 19- tr

PAROLE DISTRICT (If Applicable) CWA "PAROLE DISTRICT: OFA

REPORTING INSTRUCTIONS [COMPLETED a NOT COMPLETED

PROBATION. PLACEMENT ENTERED | [] YES [JNO TAWA

PROBATION COUNTY (if Applicable) PZ CICOUNTY OF SUPERVISION:

TOT WANTING AUTHORITY CT YEs IqRo IF YES, NAME OF
: \ AUTHORITY:

[FINAL DISCHARGE COMPLETED | CT YES LXRO
R

V/N NOTIFICATIONS COMPLETE Oyves LINo ENA

SEX OFFENDER EYES CINo
VIOLENT OFFENDER a YES a NO
SEX/VIOLENT OFFENDER PAPERS x COMPLETED []NOTCOMPLETED []N/A
IN REGISTRY JQ YES CIno Ca
If Sex/Violent Offender)

IDACS CHECK COMPLETED BY TNR CORE TORS CREE
4
RESULTS OF IDACS CHECK [crear LINDT CLEAR

RESOLUTION OF IDACS HITS N

{2 A
WARRANTS/DETAINERS [XRESOLVED CINOT RESOLVED
LIST ANY UNRESOLVED
WARRANTS/DETAINERS . N | Hy
ADDITIONAL COMMENTS

APPROVAL

eek [day



Page 34 Page 36
1 2012; correct? 1 Q Okay. And this has Mr. Brown's signature, as
2 A It's July 23rd, 2000 and something. 2 well as April's signature at the bottom as well?
3° Q Okay. What was Ms. Parker's position with the 3. A That is correct.
4 Indiana Parole Board at that time, in 2012? 4 Q The next page apparently just has to do with the
5 A She was actually an appointed member of the 5 release information for Mr. Brown, and his
6 Indiana Parole Board. 6 obligations; right?
7 Q And in that capacity, what were her job duties 7 A Yes.
8 and responsibilities? 8 Q Itlooks like the next page has to do with
9 A Tomy understanding, she made determinations in 9 transportation of Mr. Brown from the facility;
10 partnership with her colleagues, to determine 10 right?
11 parole stipulations and whether or not there 11 A Yes.
12 were violations and so forth with offenders that 12 Q Do you know what the next page is?
13. were on parole. 13. A_ This appears to be a printout of IDACS or NCIC]
14 Q So would that board have been responsible for 14 information.
15 determining that, as part of Mr. Brown's parole, 15 Q So this was the search they did to make sure he
16 that he be subject to the sex registration 16 was clear of warrants?
17 requirements? 17 A That appears to be the case.
18 A_ If they enforced a stipulation that required sex 18 Q Allright. The next page has to do with the bus
19 and violent offender registration, it would have 19 voucher to get back from -- to Noble County;
20 been their obligation to implement that 20 correct?
21 stipulation, 21 A Correct.
22 Q So is it your understanding that Ms. Parker, in 22 Q And the next page has to do with getting money
23 conjunction with her work with the other members 23 for his bus fair and return of his commissary;
24 — of the board, would have come up with all the 24 right?
25 requirements for Mr. Brown's parole, then, in 25 A Looks to be correct.
Page 35 Page 37
1 September of 2012, that are reflected in these 1 Q Allright. And what's the last page have to do
2 prior pages, because it says | through 25? 2 with?
3. A My understanding, by her signature, she's 3 A. This appears to be screen printouts showing the
4 acknowledging for the board that they support 4 offender trust account, which would relate back
5 those stipulations for that individual. 5 to the previous document and the money that was
6 Q Okay. 6 provided to him.
7 A For Mr. Brown, 7 Q Isit your understanding, Brent, that when an
8 Q Allright. And that they're so notifying the 8 individual is designated as someone who has to
9 individual correctional facility of that as 9 register as a sex offender upon release from a
10. well? 10 correctional facility, that they have to report
11 A How that works between the facility and the 1 to the county sheriff where they're going to
12 parole board, I do not know, but it certainly 12 reside as part of that registration requirement?
13 indicates that the board acknowledged those 13. A That is correct.
14 obligations. 14 Q And that this paperwork is forwarded to that
15 Q The next page of Exhibit E is entitled "Sex or | 15 particular sheriff's department office so they
16 Violent Offender Registration form." This isan | 16 know that someone's coming for that purpose?
17 Indiana Department of Corrections form as well; |17 A Can you clarify which paperwork?
18 right? 18 Q Sois there some paperwork, then, that comes
19 A I believe this is actually a copy ofa 19 from the Department of Corrections to the local
20 registration form out of the registration tool, 20 sheriff's department to notify the sheriff that
21 so the offender watch application. 21 someone is going to be coming to register as a
22 Q What's the difference? 22 sex offender to their particular county
23 A The offender watch application is the tool that | 23 facility?
24 DOC and local sheriffs use to register sex and 24 A There is, but that process has changed quite a
25 violent offenders. 25 bit over the years as well.

10 (Pages 34 - 37)
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re @ @
TFMIACCT OFFENDER TRUST SYSTEM 06/22/12 13:55:24
Loc: NCF DISPLAY PRIMARY ACCOUNT USER: NCF599
ACCOUNT NUMBER: 956175 ACCOUNT STATUS: AC ACTIVE
LAST STATUS DATE: 12 / 07 / 2021
OFFENDER NAME - LAST: BROWN FIRST: JEFFREY MI: S
DATE RECEIVED #12 / 07 / 2011 RECEIVED FROM =: IyC
AVL BAL PREV LOC ; 0.00 (NOTE: THIS AMT IS SUBJECT TO CHANGE)
DATE TRANSFERRED : 00 / 00 / 0000 TRANSFERRED TO ;:
PROJECTED RELEASE: 12 / 14 / 2012
HOUSING DATE + 12/15 / 2011 HOUSING UNIT +B DORM/BLDG/CE
EMPLOYER: PAY FREQUENCY: COUNSELOR:
COMMISSARY RESTRICTIONS: PRIMARY ACCT BAL : 9.51
BEGINNING DATE: 00 / 00 / 0000 HOLD BALANCE z 0.00
ENDING DATE *: 00 / 00 / 0000 HOLD RELEASE BAL : 0.00
AVAILABLE BALANCE: 9.51
BIRTH DATE + 04 / 10 / 1964 PENDING BALANCE : 0.00
RE-ENTRY ACCT PARTICIPANT: Y RE-ENTRY ACCT BAL: 53.01

DATE LAST TRANS: 20120620 TXN CODE: SAVD
ACCOUNT RECORD FOUND. ENTER NEXT SELECTION

PE2=>GET ACCOUNT PFS5=>NEXT ACCOUNT PF6=>PREV ACCOUNT PFO =>CLEAR SCREEN
PF3=>GET NAME PF8=>NEXT NAME PF7=>PREV NAME PF10=>EXIT TO MENU
4-© 1 Sess-1 10.1.23.59 TCP03234 4/19

State 000144


Oct 4, 2002 0:63:22 PM * Printed By: SHEADY from: DCFCNWCS
Received Time: Aug 30, 2012 10:26759  souxeont: DCINTEROO
Summary: QW: NAMsBROWN, JEFFERY DOB=19640410 .

‘View Message Details

IPR.DCINTEROO ‘
07:27 08/30/2012 30391 .
07:27 08/30/2012 07953 mn049065C

*MRIO730827

TXT :
RECORD NOT FOUND +

original Query Data
Name: BROWN, JEFFERY’

DOB:1964-04-10

MRI 730834 IN: NLI1 10774 AT 30AUG2012 10:26:59
OUT: DCFCNWCS 117 AT 30AUG2012 10:26:59

Received Time: Aug 30, 2012 10:26:57 Source ORI: INNCICOOO
Summary: QW: NAM=BROWN, JEFFERY DOB=19640410
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NO NCIC WANT

NO NCIC WANT NAM/BROWN, JEFFERY DOB/19640410 RAC/W BEX/M ENS/Y
***MESSAGE KEY QWA SEARCHES ALL NCIC PERSONS FILES WITHOUT LIMITATIONS.

MRI 730629 IN: NCIC 19405 AT 30AUG2012 10:26:57
OUT: DCFCNWCS 116 AT 30AUG2012 10:26:57

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IDACS REPLY
InN049065C

NAM/ BROWN, JEFFERY .DOB/19640410.SEX/M.RAC/W.{ IND/Y.RSH/Y.
**** NO IDACS RECORD FOUND FOR INQUIRY ABOVE *#*«

MRI 730828 IN: IDACS 21956 AT 30AUG2012 10:26:57
OUT: DCFCNWCS 115 AT 30AUG2012 10:26:57

Page 1 of 1

State 000141


Page 22
1 but think they all relate to Mr. Brown's
2 release in September of 2012. So why don't you
3 take a minute to look through those.
4 A (Witness complies.)
5 Q This is marked as Exhibit E.
6 MR. MYERS: Hey, Bob, this is Chris, so can
7 we come to an understanding that when you get
8 back to Fort Wayne, can I just go ahead and go
9 to your office and get copies of all these

10 exhibits?

i MR. KEEN: Yes, that will be fine.

12 Q Brent, have you had an opportunity to look at
13 all the packet of documents contained in

14 Defendant's Exhibit E?

15 A Yes, Ihave,

16 Q Have you seen these documents before?

17, A Ihave.

18 Q Let's go -- if we could go through maybe each
19 page in the order that they're shown here in

20 Exhibit E. What's -— the first page that says,

21 "Release authorization," what's that?

22 A My understanding of this document -- again these
23 documents do not come from my division. My
24 understanding is this is a document that

25 initiates the release authorization from the

Page 24

1 A No, that is not my division.

2 Q Okay. How is it different from your division?

3 What are their job duties and responsibilities

4 that -- how do they differ from what your

5 department does?

6 A The classification division handles all

7 classification types of issues, sentence

8 computation, eamed credit, release types of

9 activities.

Q Okay.

A And they deal with not only sex offenders, but
all offenders from the Department of Correction.

Q Soa more generalized department, then?

A That is correct.

Q Inthe middle of the first page there's -- it's
written, handwritten in there, "Lifetime
registry," do you see that?

A Ido.

Q_ Do you know who wrote that?

A I would suspect Tonya wrote that, but I do not
know.

Q And what is your understanding of what that
meant?

A Other than simply what the words state, I have
no understanding other than that simply there's

Page 23

1 Department of Correction, so the individual has

2 approached the end of their sentence and is

3 going to be released.

4 Q Itdoes say, though, at the top right corner,

5 that it's an "Indiana Department of Corrections

6 Sentence Computation and Release" form; correct?

7 A Correct.

8 Q Does that mean that it's a form that is issued

9 by the Indiana Department of Corrections, even
though not from your particular department?

lL A Yes. It is a form used by -- in the management
and release process for offenders out of DOC.

Q And this is for Jeffrey Brown at the New Castle
Facility; correct?

A That is correct.

Q And it's dated December 6th, 2012. And there's
a person's name listed, Tonya, I don't know how
to pronounce her last name, but it's W-o-i-d-a,
Release Specialist 3, do you know who that is?

A Ido.

Q Who is she?

A. She is an individual that works, I believe still
does work, for the Department of Correction in
the classification and release division.

25 Q Would that be your division?

Page 25
1 a -- what appears to be a star, an asterisk,

2 where it says "lifetime registry."

3 Q Well, at the time, in September of 2012, were

4 there any kind of other registries besides the

5 sex offender registry that inmates would have to
6 register for when they were released?

7 A No, 1 believe it would be the sex and violent

8 offender register.

9 Q Does that suggest to you that Tonya made some

10 determination at some point, in September of

ll 2012, that Mr. Brown was subject-to the lifetime
12 regis -- sex registration requirements?

13 A Whether it was Tonya or somebody else, 1 would
14 say somebody made that decision, yes.

15 Q Do you know why that wasn't made through your
16 department, as opposed to her department?

17 A Again, I don't know if -- it’s a different

18 function of the DOC. However, in 2012, with

19 Mr. Brown, we still would have said he was

20 required to register. We were acting on legal

21 advice that indicated that individuals had to go

22 back to court and get any registration

23 obligations removed by a court, before we would
24 apply those.

25 Q And that legal advice would have been through

7 (Pages 22 - 25)

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Page 18

Page 20

1 Q And he submitted that -- or at least he signed 1 A Ican make out some of that.
2 it on March the 12th, 2012, do you see that? 2 Q Okay. Do you know whose signature is at the
3 A Yes. 3 bottom?
4 Q And it looks like it was directed to you; right? 4 A Idonot.
5 A Itdoes have my name, yes. 5 Q Itlooks like it's a J, French. Do you know
6 Q Tellus how this appeal process worked in 2012?| 6 anyone by that name that works with the Indiana
7 Just sort of walk us through that procedure. 7 Department of Corrections?
8 A Well, this is a classification appeal that's 8 A There's an individual that was at -- and may
9 handled actually by the classification division 9 still be at the New Castle Correctional
10 of the Department of Correction, which is not 10 Facility, her name is Jennifer French.
ll the same division as the sex and violent 11 Q And it looks like a title -- it looks like AR
12 offender registration, and victim services 12 next to her name, do you know what that stands
13 division. 13 for?
14 So my understanding is a classification 14 A Tdonot.
15 appeal would have been submitted, and someone | 15 Q What was Jennifer French's job at the New Castle
16 would have looked into this, and made a decision} 16 Correctional Facility?
17 on whether or not the appeal issue, whatever it 17 A [believe she was a -- maybe a deputy
18 happened to be, was valid, 18 commissioner -- or not a -- I apologize. She
19 Q So even though it was addressed to you, are you| 19 —_—_ dealt -- deputy superintendent, some of the --
20 saying that you would have forwarded it on to 20 that type of label.
21 someone else? 21 Q Does that mean she was an employee of GEO
22 A No. What I'm actually saying is, | may have 22 Company that handles that facility?
23 never even seen a copy of this, because this is 23 A believe so, She certainly worked for them,
24 a completely different division within the 24 and I believe she was an employee of that
25 Department of Correction. 25 company.
Page 19 Page 21
1 Q Do you know how Mr. Brown happened to get your 1 Q And GEO is G-E-O, in caps. It looks like she
2 name? 2 wrote, "Registration is not a function of the
3 A Myname was likely listed on our website, it's 3 facility, so not a classification issue. You
4 probably available in every law library around 4 may petition the court," do you see that?
5 the state, for the Department of Correction, and 5 A Ido.
6 he probably got it from that perspective, or may 6 Q Doyou know what she's talking about there?
7 have asked staff. 7 A IfIhad to speculate, I would guess that she's
8 Q So, as far as you know, not only you but no one 8 saying the individual could go back to court and
9 else in your department would have actually 9 challenge his registration requirements, likely
10 reviewed this classification appeal? 10 under IC11-8-8-22.
11 A Ido not recall reviewing this and seeing this, 11 Q Okay. As far as you were able to determine,
12 but who actually did, I don't know. 12 this appeal of Mr. Brown, after this response
13. Q The particular appeal that Mr. Brown is making 13 was received from Ms. French, never made its way
14 at this time appears that it was his belief that 14 back to your department from there?
1S he should not have to register as a sex offender 15 A Based on -- yes. I have no reason to believe
16 for life, given his conviction; correct? 16 that I had this, or I certainly didn't see this
17 A IfTmay, I want to read the paragraph here. 17 when I prepared for the deposition.
18 Q Yeah, please do. 18 (Deposition Exhibit E marked for
19 A Yes. So he is alleging that he didn't have to 19 identification.)
20 register for life, it was only a 10-year 20 Q I'm going to hand you a packet of documents now
21 registration obligation. 21 that I received -- I think they were all
22 Q Down at the bottom of Exhibit D there's some 22 received from the Indiana Department of
23 writing from someone else, not Mr. Brown, that 23° Corrections, and the state of Indiana in
24 appears to be a response from his appeal. Are 24 response to my request. So there's a number of
25 you able to read that person's writing? 25 different documents I'm going to ask you about,

6 (Pages 18 - 21)

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New Castle Correctional Facility

Memorandum

To: IDAC’s

From: S. Yoana
Date: 8/380 [,201 p=

RE: [DAC’s Check

PLEASE COMPLETE THIS FORM AND RETURN AS SOON AS POSSIBLE.

ottender Name: Beat, kere pocs: 9561 75° pro: BOB2DL.

‘pos: OF (0 (PF. ssn: _

WARRANTS/DETAINERS/IDAC’S REVIEWED/CLEARED:

CLEAR | NOT CLEAR

IDAC’S Reviewed
IDAC’S Clear

IDAC’s Staff Completing

State 000130


Page 30 Page 32

1 Correctional Facility, or with the Indiana 1 tight?

2 Department of Corrections here? 2 A That is correct.

3 A [believe she worked for GEO, and I don't 3 Q Now, at the top of this particular form it

4 believe she works for either at this point. 4 has -- in the Boxes A through D, it's checked

5 Q Allright. So the third page of Exhibit E says 5 off that Mr. Brown has to register under 1 1-8-8,

6 "New Castle Correctional Facility Memorandum," 6 and it's a lifetime requirement, do you see

7 and it does have an S. Young there, so that 7 that?

8 seems to be consistent with the prior page; 8 A Yes.

9 correct? 9 Q And then it has the rest of this information
10 A Yes. 10 signed at the bottom by April Wilburn. Is it
11 Q Allright. At the bottom it has an Indiana ll your understanding that all of the information
12 Department of Corrections staff completing form 12 on this page would have been completed by
13 dated August 30 of 2012, do you know who signed. 13 Ms. Wilburn as well?

14 that? 14 A This form would have been filled out by
15 A Idonot, And, actually, the initial indicator 1S Ms. Wilburn, yes.
16 for the labeling of that is IDACS, so that's 16 Q And do you know how she would have received
17 Indiana Data Communication System Staff. 17 information that says that Mr. Brown had to
18 Q Allright. Do we know what the purpose of going 18 register as a sex offender for life?
19 through IDACS would be at that point? 19 A Ido not know definitively. It could have been
20 A Before any individual is released from the 20 that she made that decision on her own. It
21 Department, we're looking for warrants, 21 could be that she reached out for information.
22 detainers, holds, those types of activities. 22 1 do not know,
23° Q Allright. So that's why it shows clear, 23 Q But itis true that back in September of 2012,
24 meaning there weren't any active warrants for 24 it was still a policy or position of the Indiana
25 Mr. Brown's arrest at that time? 25 Department of Corrections that this sex
Page 31 Page 33

1 A That would appear to be correct with us. 1 registration requirement did apply to Mr. Brown?

2 Q Allright. The next page has "Fort Wayne Parold 2 A I believe, that's correct.

3 District Information" there, is that simply to 3 Q Allright. So whatever information she got from

4 notify Mr. Brown where he needs to report 4 whatever source at that time, would have been in

5 pursuant to his parole? 5 compliance and in keeping with the standards and

6 A [believe so. 6 the policy of the Indiana Department of

7 Q The next page, "Conditional Parole Release 7 Corrections that placed that?

8 Agreement," and, again, that has to do with his 8 A [believe that is correct.

9 parole requirements; correct? 9 Q Allright. It looks like the next three pages
10 A That is correct. 10 have to do with Ms. Wilburn going over the
11 Q And that's signed by April Wilburn as well,on | 11 requirements for parole for sex offenders, and
12 September 5, 2012; right? 12 making sure he reviewed all of those things;

13. A That is correct. 13. correct?

14 Q Allright. The next page is a GEO Group form. | 14 A That is correct.

15 Again, that has to do with his being notified of | 15 Q Then the --so the third page, which actually is
16 his probation requirements; correct? 16 Bates stamped State 137, has her signature at

17 A That appears to be the case, yes. 17 the bottom, has Mr. Brown's signature at the

18 Q Then the next form after -- the next page after | 18 bottom, but it also has somebody else's

19 that is the "Notification of Sex and Violent 19 signature above theirs. It says, "Signature of

20 Offender Registration Responsibilities and Other | 20 member of the Indiana Parole Board,” do you see
21 Duties." That's similar to what we saw with 21 that?

22 Exhibit B; correct? 22 A Ido.

23. A That is correct. 23 Q Do you know that person's name that signed that?
24 Q And this is a form you did mention that you saw| 24 A [believe it's Valerie Parker.

25 before, when you prepared for the deposition; 25 Q And it looks like it was signed on July 23rd of

9 (Pages 30 - 33)

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Jul. 25, 2012 11:06AM e e No. 4326 Pott

i :

STIPULATIONS (continusd) : omen

g, You shail not use any computer with access to any “online computer service’ al any location (including place of
employment) without the prior agproval af your parvig agent. This includes any Inlernet service provider, bullelin
board system, e-mail system or any other public or private computer network, SK

40, You shall allow your parole agent and/or computer service representalive lo conduct periodic, unannounced
examination of your compuler(s) equipment which may include retdaval and copying of all files from your computer(s)
and any internal or extemal peripherals to ensure compliance with your stipulations. This may require removal of
such equipment for the purpose of conducting a more thorough inspection. Your parole agent may have installed J 8
‘on your compuler(s). al your expense, any hardware or sofware systems to monitor your computer usage.

41. You shall not possess of uze aloohol of any Tegal controiled substance af any time, IR

12. You shall not frequent or be present al any establishment whose main business purpose is the selling, distribution,
serving or drinking of alcoholic beverages or illegal controfled substances, J 8B

13, You shall submit to # substance abuse evaluation and follow all recmmendations.

14, You shall submit to breath (e.g: alca-sensor), urine, blood, saliva and/or DNA testing as ordered by your parole

agent, 7) 8

18, You shall refrain from “orulsing’ activity, frequenting areas where potential viclims can bs encountered. ~) 8

16, You shall not hitehhiks or pick up hitchhikers. You shell not travel alone (including but nat fied to; driving, walklag,
bleyeling, ete.) after dark, J 8

47, You shall not slay ovemight with any adult and/or establish an intimate and/or sexual relationship with any adult
without prior approval by your parole agent and treatment linician, You must also repart whether the person you
are having a relationship with has children under the age of eighteen (18) and/or if children under (he age of elghtesn JS
(18) reside'tn the person's hame.

+8. You shall not use your employment as a means to acquire new victims, Your parole agency may contact your
employer at any time. You will nat work in certain acoupations that involva being in the private residences of others, J 8B
such &s, but not limited to: door-fo-door sales, solfciting, or delivery, Your parole agent must first apprave any
employment that you do engage in,

19, You shall not possess any Items on your person, in your vehiole, In your place of residence, or a8 a part of your
personal effects which attract children or that may be used lo coerce children to engage In inappropriate or tilegal
sexual activities, You wili not attempt (6 perauade, whether by words or acitons or both, @ child to enter a vehicle, J g
‘structure, of enclosed area, or to otherwise relocate.

20. You shall not join of be associated with eny group which promotes: activites Involving children under eighteen (18)
years of age, such as, but not fimited tor church or religious youth groups, Boy Scouts, Gir Scouts, Cub Scouts, J 8
Brownies, YMCA, YWCA, youth sports teams, public parks, el.

21. You shell actively participate Ih offense specific mental health treatment program(s) approved and ordered by your
parole agant at your own expense, You will contact the approvedi/dssignated provider within seven (7) days of
release to parole to schedule an appointment unless an appointment was already scheduled prior fo releaas on
parole, Treatments considered a behavioral management requirement of your parola and may include plethysmograph JS
or polygraph testing or similar assessmenvmanagement tools, Termination from treatment or non-compliance with
other required behavioral management requirements will be considered a violation af your parole release agreement.
Subsequent treatment referrals, if any, will be at the direction of your parole agent. Should you request and be
permitted to changé treatment providers, stricter stipulations may be applied,

22, You shall participate in and complete periodic polygraph testing st the direction of your parole agent or any other
behavioral management professionals who are providing treatment of essistIng your parole agent in monitoring your ) IS
compliance with your parole rules and special stipulations,

Page Zof3 ‘
State 000136

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IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
FORT WAYNE DIVISION
CASE NO. 1:16-cv-00337-WCL-SLC

JEFFREY BROWN,
Plaintiff,
-vs-

DEPUTY KYLE HARTMAN, DET. SHAUN
DUNFIN, WANDA TRUELOVE, SHERIFF
OF NOBLE COUNTY DOUGLAS A. HARP,
STATE OF INDIANA/INDIANA
DEPARTMENT OF CORRECTIONS
(seeking perspective injunctive
relief only), VICKI HALSELL and
APRIL WILBURN,

Defendants.

30(b) (6) DEPOSITION OF BRENT MYERS

The 30(b) (6)deposition upon oral examination
of BRENT MYERS, a witness produced and sworn before
me, Rhonda J. Hobbs, RPR, Notary Public in and for
the County of Hendricks, State of Indiana, taken on
behalf of the Defendants, at the offices of Office
of the Attorney General, Government Center South -
5th Floor, 302 West Washington Street,
Indianapolis, Marion County, Indiana, on the 16th
day of December, 2019, scheduled to commence at
10:00 a.m., pursuant to the Federal Rules of Civil
Procedure with written notice as to time and place
thereof.

Job No. CS3610902
EXHIBIT

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Page 42

Page 44

1 models, You can be required to report every 90 1 (Deposition Exhibit H marked for
2 days, if you fall under certain statuses. In 2 identification.)
3 this particular case, he was required to report 3 Q This is Exhibit H. This also came from the
4 once per year to the local sheriff, and they 4 Noble County Sheriff's Department as two pages.
5 would have had to validate his address once per 5 It's titled at the top, "Investigative Notes,
6 yearas well, 6 report for Jeffrey Scott Brown." Have you seen
7 (Weposition Exhibit G marked for 7 this before?
8 identification.) 8 A Ihave.
9 Q Okay. Let me show you what's marked as 9 Q And this also apparently is from Laura?
10 Exhibit G. Now, this is a two-page document 10 A There is an entry by Laura on here but the other
lL that actually came from the Noble County aT entries are not by Laura, they're from either
12 Sheriff's Department, but it references 12 from the system or individuals.
13 communications with the Indiana Department of 13. Q Allright.
14 Corrections. Do you know what this is? 14 A And if could ask a clarification point?
15 A Yes. 15 Q Yeah, I think -- it's the same page. It looks
16 Q What is this? 16 like I copied twice.
17 A This is a communication between Laura 17 A Okay, that answered my question.
18  Kloimwieder and Shawn Dunafin about Mr. Brown's |18 Q So it's really just the same -- Exhibit H is two
19 registration obligations? 19 pages of the same thing. My apologies. My
20 Q Who is Laura? 20 secretary must have -- I will blame my secretary
21 A Laura Kloimwieder was an individual that was on 21 for that. She's not here to defend herself.
22 contract with the Department during this time up 22 So looking at the first of the same two
23 and through sometime, I believe, in 2016, and 23 ~_ pages, there's an investigative note dated March
24 she would make registration determinations, She 24 14 of 2016, from Laura, do you see that?
25 was actually a licensed attorney here in Indiana 25 A Yes,
Page 43 Page 45
1 as well. 1 Q Is this something that just goes in your
2 Q Did she work in your department? 2 internal computer system?
3 A Shedid. 3 A No, this is actually a screen shot or a copy of
4 Q And this email exchange is dated, what, March 4 adocument from the offender watch application
5 the 3rd from -- March the 3rd, and March the 5 that's used for sex and violent offender
6 8th, it looks like? 6 registration.
7 =A That is correct, 7 Q And what is that offender watch, what does --
8 Q Shawn Dunafin was an officer with the Noble 8 where does that go?
9 County Sheriff's Department at that time; is 9 A It'sa shared system between DOC and local
10 that your understanding? 10 sheriffs. So this is just simply a document
11 A That is my understanding. it that is ordered -- better yet, it's a tracking
12 Q And what information was Laura providing at that 12 listing that's connected to Mr. Brown.
13 point to Officer Dunafin? 13. Q Okay. So if local law enforcement agency
14 A The Noble County Sheriff's Department had 14 would stop a particular individual, could they
15 reached out to us and asked us to make a 15 _ look this up and determine whether or not
16 determination on Mr, Brown, and Laura happened 16 they're required to register?
17 __ to be that individual that made that 17. A It would depend on the department. Some
18 determination. 18 departments may have access, they're -- street
19 Q In this email exchange, it says that she's 19 officers may have access to the registries,
20 _ providing two notices, do you know what she's 20 others likely do not.
21 talking about? 21 Q Allright. So what is it that Laura is noting
22 A Yes. Those are the two registration notices we 22 at the top of this Exhibit H?
23 discussed earlier. 23 A She's noting that a review was completed, and it
24 Q Okay. The one from 2009, and the one from 2012? |24 was found that the individual in this case,
25 A That is correct, 25 Jeffrey Brown, did not have an obligation to

12 (Pages 42 - 45)

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Page 38 Page 40
1 Q Back in 2012, what was the procedure for that? | 1 complied with the registration requirements?
2 A There would have been certain documents that | 2 A No. The only confirmation we would have had,
3 would have been faxed to the local sheriff's 3 would have been to look in the actual offender
4 department indicating that an offender had a 4 watch application.
5 registration obligation. 5 Q Mr. Brown was incarcerated then after 2012, for
6 Q Okay. And then it was up to the sheriff's 6 aperiod of time, and released again in 2015.
7 department to do the paperwork, and gather the 7 Did you find any particular paperwork related to
8 information necessary for the person to comply 8 his release from the Indiana Department of
9 with that registration requirement? 9 Corrections in 2015?
10 A That is correct. 10 A The information I reviewed I did not, but I
11 Q Back in 2012, was there any expectation by the | 11 don't -- if I remember correctly, he was
12 Indiana Department of Corrections that there 12 actually released from DOC in 2012, and he was
13 would be any kind of independent investigation |13 on parole from roughly 2012 to 2015, and I
14 and evaluation, by the local sheriff's 14 _ believe he was discharged at that time, if I
15 department, to confirm or verify that the 15 remember correctly.
16 _ individual was actually legally required to 16 (Deposition Exhibit F marked for
17 register as a sex offender? 17 identification.)
18 A Can you repeat that question? 18 Q Let me show you this, I guess. Let me show you
19 Q Sure. Was there an expectation on the Indiana | 19 — what's marked as Exhibit F. This is a packet of
20 Department of Corrections -- of the Indiana 20 documents from Noble County, so you may or may
21 Department of Corrections, in 2012, that the 21 not have seen it before, but if you'd take a
22 local sheriff's department would be required to [22 —_ lookatit.
23 do some sort of independent investigation to 23 A (Witness complies.)
24 verify that a particular inmate who had been -- | 24 Q Have you seen the documents -- this packet of
25 ora particular individual that had been 25 documents as Exhibit F?
Page 39 Page 41
1 designated as someone who had to register as a 1 A Yes.
2 sex offender, that that was actually true? 2 Q And what is it?
3 A There wasn't an expectation but, at the same 3. A This appears to be a registration form
4 time, local sheriff's departments did do that. 4 that -- my guess is that maybe Mr. Brown may
5 Q What do you mean? 5 have completed himself, or someone did on his
6 A There were local sheriff's department that took | 6 behalf, at the local sheriff's department, in
7 the information that was provided to them, and 7 this case the Noble County Sheriff's Department.
8 before they would actually register an 8 Q And it looks like on the last page it has a date
9 individual, they would actually review all the 9 of May the 20th of 2015, do you see that?
10 documentation, collect their own individual 10 A That is correct.
11 documentation, and make decisions themselves. |11 Q And it says next registration date May 20th of
12 Q Okay. Was that something that the Indiana 12 2016. So is it your understanding that this
13 Department of Corrections expected each of the | 13 form would just reflect that there's an annual
14 sheriff's department to do, or something that 14 reregistration requirement?
15 they just chose to do on their own, some of 15 A Based on that date, yes. There should be some
16 them? 16 other information in this document that would
17 A We did not expect, they chose to do it on their | 17 reflect that as well, but it appears he was told
18 own. 18 he needed to report within one year for his next
19 Q Allright. Once the individual then like 19 registration date,
20 Mr. Brown would come to the Noble County 20 Q Isee. So as part of the sex registration
21 Sheriff's Department and they sign up all the 21 requirements under the statute, you have -- if
22 paperwork for him at the sheriff's department, 22 an inmate is subject to that particular
23 was there a procedure, back in 2012, where any | 23 registration requirement, it's -- an annual
24 of that paperwork would then come back to the [24 — update kind of thing has to be done?
25 Department of Correction showing that he 25 A Yes. Individuals have a couple of different

11 (Pages 38 - 41)

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e.
‘By low

GATEAGE WORKSHEET Dats
State Form 46759 (7-09) 6/22/2012
Name of Offender : DOC number Projected release dato
JEFFREY BROWN : 956175 9/08/2012

if you are being released on court orders, or to wanting authorities you will not recelve Gateage.

Aso! (Date) 6/22/2012

Amoupt of Funds on Deposit Outside of Facility $ 0.00.

Offenders Trust Fund Balance * § 62.52

Total of Funds Available to the Offender $ 62.52

If the total of funds available to the offender Is greater than Fifty dollars ($ 50.00), no Gateage funds will be provided to the offender upon release."

If the total of funds available to the offender is less than Fifty dollars (§ 50.00), the difference will be determined at this point.
: L

‘As of (Date)
6/22/2012 Release Funds (Base amount not tobe changed) $ 50.00

Less the funds available to the offender $62.52.

Equals the amount of Gateage that willbe provided $ 50.00

‘Should the funds available to you change In any way, the amount of Gateage will.not change. When you are released on or before the projected release

date of 9/08/2012 you will receive Gateage in.the amount of 550.00 _ ——r
Pi id by (Ne ind position) CS j fA
repared by (Name and posi
* Sve, ae
Recelved by (Name and DOC number)

Se Brum 9S6 175°

DISTRIBUTION: Faollty Packet: SMO

State 000143


REQUEST FOR BUS VOUCHER

NAME OF PASSENGER: Sel Cau | Prous
DOCH: 7 AGUS
DATEOF TRAVEL: _Q-ly-\Q |

" . DEPARTURE: mxicd This

State 000142


Page 26 Page 28
sure all the I's were dotted and T's were
crossed.

1 the Indiana Attorney General's office? 1
2 A In this case, it was. 2
3 Q Was it specific to Mr. Brown, or was this the 3 Q Let's tum to the second page of Exhibit E, and
4 general advice for all inmates that were, at 4 it's entitled "A Release Checklist." Are you
5 that time, subject to the lifetime registration 5 familiar with this form?
6 requirements? 6 A Yes.
7 A It was specific advice as for the implementation | 7 Q What's its purpose?
8 Wallace v. State. 8 A It's the same type of thing. It's to assure
9 Q And explain to us what Wallace v. State was, 9 that all the different steps have been
10 A Wallace v. State was acase that camedownI |10 completed, to make sure that we have a good

ll believe April 30th, 2009, that questioned i release as a department, for the individual.

12 whether or not sex and violent offender 12 Q Okay. And this is specific to Jeffrey Brown;
13 registration could be enacted retroactively. 13 correct?

14 Q And what did the court say? 14 A Yes,

15 A The court said in -- our understanding was it 15 Q And it shows date at the top of September 8th,
16 was an "as applied decision" to Richard Wallace,|16 2012, and then at the bottom it says September 5
17 and the court indicated because of his situation | 17 of 2012, do you know why the dates don't match?
18 of committing, being convicted of, and 18 A My guess -- I do not know definitively, but my
19 completing his sentence, that he was no longer | 19 guess is -- again, this is a checklist to make

20 obligated to register, he didn't have notice of 20 sure that all the steps have been completed, and

21 that obligation. 2 my guess is that it was initiated on
22 Q But the -- it was the attorney's general's 22 September 7th, and completed on -- well, I guess
23 advice, following that decision, to your 23 that would have been backwards in time. So I'm
24 department that that decision only applied to 24 not sure why there is a difference.
25 him; correct? 25 Q Okay. Is this a --

Page 27 Page 29

1 A Yes. 1 MR. MYERS: Bob, EPRD at the top, Estimated
2 Q And that if -- if any other inmate believed they | 2 Parole Release Date.
3 shouldn't be subject to the lifetime 3 MR. KEEN: Oh, okay. Thank you.
4 registration requirements, or the requirements 4 MR. FINDLEY: So it's not --
5 to register as a sex offender, that they 5 MR, KEEN: I get it.
6 individually had to seek that determination from | 6 Q That's the date he was expected to be released
7 acourt? 7 that I -- okay.
8 A That is correct. 8 A Yes, that is correct.
9 Q That was -- and that was the policy of the 9 Q That makes sense,
10 Department of Corrections in 2012? 10 This checklist does indicate that Mr. Brown
11 A It was in 2011, 2012. At some point it did 11 was subject to the sex registration
12 change, and we currently no longer operate under] 12 _ requirements; correct?
13 that. 13 A Itdoes have that checkmark, or that -- yes,
14 Q Understood. And I guess we'll get to that going | 14 _ indicator.
15 forward. But this is -- the first page, this 15 Q Andat the bottom it has April Wilburn as
16 release authorization, this is something that 16 signing, and we know, from prior discovery in
17 would have been then sent to the New Castle 17 this case, that she worked at the New Castle
18 Correctional Facility where Mr. Brown was being] 18 Correctional Facility, is that your
19 housed; right? 19 understanding as well?
20 A 1am not so sure it would have been sent to 20 A I believe so.

21 them. My understanding -- and, again, this isa | 21 Q Above it isa signature of a superintendent, do
22 different division in DOC, but my understanding |22 you recognize that person's signature?

23 is these are documentation -- or documentation |23 A I believe that is a designee, and I believe that
24 that could have been sent, but it also could 24 name is Sarah Young.

25 have been documentation internally, just to make | 25 Q Does she work for GEO at the New Castle

8 (Pages 26 - 29)

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: ° Cee

The GEO Group, Inc.
New Castle Correctional Facility
1000 Van Nuys Rd, P.O. Box E
New Castle, IN 47362
t Main Tel: 765 593 O111
: Man Fax: 765-593-6770
; www.thegeogroupinc.com

NAME: BROWN, Jeffrey :
DOC#: 956175 '
CAUSE#: 57001 9405 CF 022 H

On July 26, 1995, you were sentenced by the Noble County Circuit Court on the above cause number,

You were sentenced to 6 years with 3 years suspended. You will be supervised by the Noble County
Probation Department.

You are to report, in person, the next working day, to the Noble County Probation Department after your

release from the New Castle Correctional Facility. Your release date from the New Castle Correctional
Facility is Thursday, Sept 6, 2012.

‘Stacey Beam ©
Chief Probation Officer
Noble County Probation

101 North Orange, Street, Room 100
Albion, IN 46701-1049
260-636-3116

+ — Sincerely,

v  M. Zenk, Superintendent
| New Castle GEO Correctional Facility

| acknowledge receipt of this letter and understand these reporting Instructions.

Abie

fitnessed by:

cc: Chief Probation Officer
Central Office H
Packet :
Offender

: State 000133


S\ TEMPORARY LEAVE AGREEMENT FOR A COMMITTED OFFENDER

‘State Form 8522 (R3/ 1-12)
DEPARTMENT OF CORRECTION

n “AA "Vere"

AUTHORIZATION.

This shall serve to dentify the above named offender as being lawfully within the limits of Temporary Leave for a Committed Offender (1.C. 11-10-9-2)
and serve as authorization for temporary leave and to order his/her return as specified below.

Purpose of temporary leave

ease

‘Destination

"OT b fi ‘day, year)

Hemp Jeawe stips tebe followed unty'/ fasor tlpm

Time due to retum Ba AM i)

CONDITIONS

ge exo

Ne

twill directly and promptly proceed to and retum from my designated location by the approved method of transportation and route.

Iwill remain within the prescribed geographical Iimits and | am not permitted to leave the State af Indiana without written authorization,

Iwill retum to the institution immediately and without delay Ifthe reason for which | was released on temporary leave ceases prior to the end of the
scheduled time for termination thereof,

Iwill not use, possess or secure alcoholic beverages or any other drug or Intoxicant except as prescribed by a licensed physician.

J will abide by all Institutlonal regulations governing the temporary leave program as well as all federal, state or municipal laws or ordinances. | am
aware that violation of this shall subject me to all penalties prescribed by law or administrative action as deemed appropriate by the Institution from
which temporary leave was granted.

1 will make no contact, elther personal, by:telephone or otherwise with any Individual on behalf of another offender.

Should | need advice or assistance while on temporary leave, | will talaphone my institution of confinement or canter, the local parole officer, the
Department of Correction, the local sheriff or police department.

Should | be involved inan accident or other situation which might prevent my ratum from leave within the time limits specified above, I will
immediately or as soon as possible call my instilution-of confinement or center or the Department of Correction, and then wil! turn myself over to the
Jocal parole officer, sheriff or police department.

Iwill not purchase any item on credit or enter into any contract to purchase without the advance written approval of the Institution head.

1 will not operate any motor vehicle while on temporary leave. .

| will use public transportation while on temporary leave, or such transporiation as Is approved in advance by the institution head,

. Upon returning to my institution of confinement from a temporary leave, | will not retain any personal property obtained while on leave.

twill carry such identification as is provided by the institution of my confinement on my person at all times while on temporary leave.

{will not change or daviate from the approved plan for my temporary leave without the advance written approval of the institution head.
Iwill keep this authorization in my possession at all tim
Other conditions (specify):

AGREEMENT

BAA

Junderstand that if | should fail to remain within the limits of the above-authorization, or fall to retumn by the prescribed time, such will be deemed an
escape from detention (I.C. 35-44-3-5) and shall be punishable as prescribed by state law.

J agras to the conditions of temporary leave which appear above, and acknowledge that the conditions have been read and/or explained to me by the
official whose name and signature appears below.

| Signature of offender

Dale (nonth, day, oad
G-~S~te

CRD
we Snead st

SIGNATURE OF APPROVAL

‘Signature of head of facilty / Institution or designes ‘Title

Date signed (manth, day, year)

DISTRIBUTION: Original - Institution packet; Copy - Offender

State 000139



Page 10 Page 12
1 with the Department of Corrections, and his 1 A Yes,
2 being designated as someone who needed to 2 Q Who makes that -- who made that determination in
3 register as a sex offender. 3 February of 20097
4 Have you looked into his particular file in 4 A Ican't specifically say what individual or what
3 preparation for the deposition today? 5 entity made that decision. My guess would be
6 A Yes, Ihave. 6 that the facility actually made that decision.
7 Q Were you involved in making the decision -- you 7 Q And explain to us, then, how the procedure
8 personally involved in making decisions, over 8 worked in 2009. Was your department responsible
9 the last ten years or so, concerning Mr. Brown 9 for initially making some determination as to
10 and whether or not he had to register as a sex 10 whether someone had to register as a sex
Il offender? 11 offender, or was that left up to employees with
12 A Ido not believe so. 12 the particular facility, correctional facility,
13° Q Itwould have been people working under you and 13. where the inmate was housed?
14 your staff; however? 14 A Itwas inconsistent. There may have been people
15 A Yes. 15 that reached out to us and asked us questions
16 (Deposition Exhibit B marked for 16 about a specific individual. We may have had
17 identification.) 17 more input on other individuals, whereas opposed
18 Q I'm going to show you now what's been marked as 18 to individuals who we may have no input on
19 Defendant's Exhibit B, although that has an A on 19 whatsoever.
20 it from another deposition but this is B. Can 20 Q Okay. Is the procedure in place today different
21 you identify what Exhibit B is? 21 than it was in 2009?
22. A This is a document that informs an individual 22 A Yes.
23 that he has an obligation to register. 23 Q Howso?
24 Q And this is a document in particular with regard 24 A Today, the procedure in place is we make all the
25 to Jeffrey Brown? 25 decisions, We actually provide a document,
Page 11 Page 13
1 A That is correct. 1 although not this document, a similar type of a
2 Q Dated February 19, 2009? 2 document that we actually send out to staff at
3 A Correct. 3 each of the facilities where an individual is
4 Q Andit's titled, "Notification of Sex and 4 being released. So they see our determination
5 Violent Offender Registration Responsibilities 5 information on the document that they would
6 and Other Duties;" correct? 6 actually then present to the individual to have
7 A Correct. 7 him or her sign.
8 Q Is this a form from the Indiana Department of 8 Q When did that procedure change?
9 Coirections that existed in February of 2009? 9 A Formally, I believe it changed in 2015.
10 A Ibelieve so, yes. 10 Q Informally?
11 Q Who completes this particular form within the |11 A Informally, probably in 2014, maybe even late
12 Indiana Department of Corrections? 12 "13.
13. A This form I would suspect was likely -- well, 13. Q Do you know why that procedure was changed a}
14 this form was filled out by the facility that 14 that time?
15 would have released Mr. Brown. 15 A We believed it was inconsistent, that it
16 Q And in this particular circumstance, I believe 16 wasn't -- we weren't getting consistent
17 that facility was the New Castle Correctional 17 decisions from facility to facility, and so we
18 Facility? 18 wanted to make sure that it was one entity
19 A  Ibelieve so. 19 making decisions as opposed to individual
20 Q Atthe top of the form, there's a list of 20 facilities making decisions.
21 potential categories of sex offender A through 21 Q Does that mean that you found at times that
22 D, and there is -- only the box D is marked. It |22 inmates that should not have had to register
23 says, "How long is the offender required to 23 were being required to register?
24 register," and it's marked for life, do you see 24 A There could have been those situations, but more}
25 that? 25 generally it was just simply that decisions were

4 (Pages 10 - 13)

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Page 54
apply it. In the end, it was the Wallace v.

Page 56
STATE OF INDIANA )

1
2 State decision, as applied to Mr. Brown, ) SS:
3 basically caused the state to believe that he 2 COUNTY OF HENDRICKS =)
4 did not have to register as a sex offender; 3 I, Rhonda J. Hobbs, RPR, a Notary
5 correct? 4 Public in and for the County of Hendricks, State
6 A Wecertainly made the decision with that case in 5 of Indiana at large, do hereby certify that
7 mind, But ultimately, the decision resulted 6 BRENT MYERS, the deponent herein, was by me
8 from new legal advice to us, that we should 7 first duly swom to tell the truth, the whole
9 proactively review cases, and it’s all tied in 8 truth, and nothing but the truth in the
10 with another case called Shepherd v. IDOC, where | 9 —#forementioned matter; 7
1 we created an administrative review process. 10 That the foregoing deposition was
an + I taken on bebalf of the Defendants, at the
12 So as a result of the administrative review 12 offices of Office ofthe Attorney General,
13 process, Wallace, and new advice, at some point, 13 Government Center South - Sth Floor, 302 West
14 you know, in that period of time, we received 14 Washington Street, Indianapolis, Marion County,
15 advice to proactively go ahead and remove 15 Indiana, on the 16th day of December, 2019,
16 _ individuals and not wait for a court order to do 16 commencing at the hour of 10:01 a.m., pursuant
17 that. 17 to the Indiana Rules of Trial Procedure;
18 MR. MYERS: I have no further questions. 18 That said deposition was taken down
19 19 stenographically and transcribed under my
20 CROSS-EXAMINATION, 20 direction, and that the typewritten transcript
21 QUESTIONS BY MR. ADAM G. FORREST: 21 isa true record of the testimony given by the
22 Q My name is Adam Forrest. I represent 22 said deponent; and thereafter presented to said
23 April Wilburn in these proceedings. Based on 23 deponent for his/her signature;
24 the information that you just provided to us 24 That the parties were represented by
25 about the IDOC's position as to how Wallace 25 their counsel as aforementioned.
Page 55 Page 57
1 applied to offenders like Mr. Brown, do you 1 Ido further certify that I ama
2 think Ms. Wilburn had any authority to act ina 2 disinterested person in this cause of action;
3 manner other than she did, as evidenced by these 3 that am not a relative or attorney of either
4 documents? 4 party, or otherwise interested in the event of
5 A I think what she did was consistent with the 5 this action, and am not in the employ of the
6 Department of Corrections' approach at that ; atomeys i oy eee HEREOF Ihave
. , [have hereunto
i re FORREST: Thank you, that's the only 8 set my hand and affixed my notarial seal this
9 question Thave. Bob? 99th day of January, 2020,
10 MR. MYERS: Nothing further from me. t 1 { Wyeth
ul MR. FINDLEY: I'm good.
12 MR.KEEN: Chris, anything else? ie NOLAKY FUBLIC
2B MR. MYERS: Nothing. 4
14 MR. KEEN: I think we're done. I will make 15 My Commission Expires:
15 sure you have a copy of the exhibits in a couple August 24, 2025
16 days when I get back in the office. 16 County of Residence:
17 MR. MYERS: Thank you. Hendricks
18 MR. KEEN: Thanks so much, I'm going to 7
19 hang up then. 18
20 (Time Noted 11:03 a.m.) 19
21 AND FURTHER THE DEPONENT SAITH NOT. | 29
22 2
23 22
24 23
25 24
BRENT MYERS 25

15 (Pages 54 - 57)

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‘
i

RELEASE AUTHORIZATION : Indiana Department of Correction
State Fom Sentence Computation and Release
\ :
OT RE WCF ET Fas
JEFFREY S. BROWN #956175 | *9-8-2012 *NCF
| "Rhine at Authoneng Release:

TONYA WOIDA, RELEASE SPECIALIST 3

x

Tate Final Review Co

G- bo - dle.

[Commenis
j
FE bine Reese
FARE DAU > aT aan App] ————] o
*PD2 ANIA ‘NIA *NIA
aT TE WE ONT RTGS Wo WE FET
*9-6-2012
SignnTaTe Dats Avian

_ Whee.

" P-6-3%0-

CONNOR REPORTING

State 000128


Page 6 Page 8
1 Have you ever given a deposition before? 1 MR. KEEN: We can go off the record.
2 A Ihave. 2 (A discussion was held off the record.)
3 Q So you understand generally the ground rules 3 Q Brent, how long have you held that position?
4 that -- Rhonda's the court reporter, and she 4 A That position was probably back to 2008, 2009.
5 just swore you in? 5 Q Okay. How many employees do you oversee in that
6 A Yes. 6 position?
7 Q And we're going to be asking you a series of 7 A Currently, with both state staff and contractual
8 questions. You need to answer all of those 8 folks, I believe it is 12.
9 questions with verbal responses so she can take 9 Q When you say "contractual folks," are you
10 your testimony down accurately. 10 talking about the private prison folks or
ll A Yes, 11 someone else?
12  Q Ifyou don't understand a question that J ask, 12 A No. I'm talking the individuals that are in my
13 tell me, and I'll try and ask a clearer 13 division that are from a group called knowledge
14 question, 14 __ services that provides temporary support to the
15 A Yes. 15 state,
16 Q Its also helpful to Rhonda if we don't talk at 16 Q Isee. What did you do before 2008?
17 the same time. So if you can be patient and let | 17 A I was with the Department of Correction, but it
18 me finish my entire question before you start 18 was more in a research-oriented position. Some
19 your answer, I'll give you that same courtesy. 19 of that was still related to registration
20 A Okay. 20 activities, but it was a variety of things as
21 (Deposition Exhibit A marked for 21 well.
22 identification.) 22 Q Okay. How long have you been with the Indiana
23 Q We're here today pursuant to a 30(b)(6) 23 Department of Corrections all together then?
24 deposition notice, actually an amended notice. 24 A Since 2005, late 2005.
25 I've marked as Defendant's Exhibit A. 25 Q Soas the director of registration, what are the
Page 7 Page 9
1 Have you seen this document before? 1 job duties and responsibilities of your
2 A Thave. 2 department day in day out, what do you do?
3 Q And have you been designated by the Indiana 3. A We make registration decisions for individuals
4 Department of Corrections and the State of 4 that are required to register, or that we
5 Indiana to respond to questions on these various | 5 believe may have an obligation to register. We
6 topics? 6 work with local sheriff's departments. We work
7A Yes, Ihave. 7 with other justice professionals, and that could
8 Q Are there any of the topics that you're not 8 be helping them with their understanding of
9 prepared to answer questions concerning? 9 registration. It could be making registration
10 A I believe I can answer questions for each of the | 10 decisions for them. Ultimately, it’s just
11 topics, aol communicating about sex and violent offender
12 Q Allright. Before we delve into the substantive |12 registrations here in Indiana.
13 questions, maybe a little bit more background 13 Q Does your department have the final say in
14 about you. 14 determining who is designated as someone who
15 What's your job with the Indiana Department | 15 _ needs to register under the sex offender's law?
16 of Corrections? 16 A Wedo. We make that determination when
17 A I'm the Director of Registration and Victim 17 information is presented to us.
18 Services. 18 Q And has that been true since 2008, 20097
19 Q What are your job duties and responsibilities in | 19 A Ithas.
20 that regard? 20 Q This particular case involves a plaintiff by the
21 A Ireceive the Department's efforts with sex and |21 name of Jeffrey Brown who was an inmate with the
22 violent offender registration, and I also 22 Indiana Department of Corrections at various
23 oversee the Department's efforts with victim 23 times over the last 25 years or so, And the
24 notification, victim services, and related types 24 notice of deposition indicates that there will
25 of activities. 25 be questions concerning his particular status

3 (Pages 6 - 9)

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Jul. 25, 2012 11:06AM e | Ps 0.4996 B12
, i
STIPULATIONS (continued) . OPENOER

23. You shall bg under Intensive supervision for ninely (90) days and shall report fo your parale agent on a weekly basis
(or 33 Frequently as Instructed by your parole ageny), Thersaftet, you shall report as frequently ae instructed.

38

24. ‘You shall register wilh focal law enforcement authorities ag @ sex offender within seventy-two (72) hours of being
released (6 parole supervision, or as instructed by your parole agent.

JB

25, You shail agree to permil the installation, malnienance and operation of any electronle monitoring eevtement In both,
your heme and an your body.

The (ollowing additional and specific stipulations are algo In effect and apply to your parole: ” JE

LV, Li 4 |
HAVE READ or| HAD READ TO he: THE ABOVE PAROLE STIPULATIONS AND ABIDE BY THEM
CONSISTENTLY AN ITHOUT EXCEPTION,.! UNDERSTAND THAT IF | REFUSE TO SIGN AT THESPACE PROVIDED

‘e BELOW, THE STIPULATIONS ABOVE WOULD STILL APPLY TO MY PAROLE,

Somnsetee Gr co yeer}
— t 2

eee “CAT

States where | may be found and | also agree that [ will not contest any effort to retum me to the atate of Indla

WAIVER OF EXTRADITION: | hereby waive extradition to the stats of Indiana ftom any jurisdiction in or outside the United

ine.

S of offender Date (month, day. yer)

Via) oat Qu S-/2

DISTRIGUTION: Facilty Packsl, Centra! Office Packel, District Parole Packal, Paroles
Page 3.0f3

iv _ GT

State 000137



Page 2 Page 4
1 APPEARANCES 1 INDEX OF EXHIBITS
2 FOR THE PLAINTIFF(S):
2 Page
Jeffey Brown
3 3. Deposition Exhibits:
Christopher C, Myers 4
4 CHRISTOPHER C. MYERS & ASSOCIATES _ .
09 South Calhoun Stet 5. ExhibitF  - State of Indiana Sex or... .40
5a Weyne,IN 46802 Violent Offender Registration
6 (Tetephonie Appearance) 6 Form from Noble County Indiana
u 7 ExhibitG ~- Email String.......... 42
FOR THE DEFENDANT(S): na a
4 RYLE HARTMAN, SHAUN DUNAPIN, WANDA 8 ExhibitH - Investigative Notes Report for. 44
4. TRUELOVE and DOUGLAS A, HARP Jeffrey Scott Brown (364741)
Robert T. Keen, Jt 9
10 BARRETT McNAGNY LLP Exhibit! - Letter Dated March 14, 2016 to . 50
215 Bast Berry Street
1) Fort Wayne, IN 46802 10 Jeffrey S. Brown from Wanda
rtk@barretiw.com Truelove
2
13 FOR THE DEFENDANT(S): i
‘APRIL WILBURN 12
“ 13
‘Adu G. Forest
15 BOSTON BEVER KLING CROSS & CHIDESTER 4
27 North Eighth Street 15
16 Richmond IN 47374
aforrest@bbkee.com 16
" 17
18 FOR THE DEFENDANT(S) 18
STATE OF INDIANAINDIANA DEPARTMENT OF CORRECTION:
» 19
Bryan R Findley 20
20 OFFICE OF THE ATTORNEY GENERAL
GOVERNMENT CENTER SOUTH - STH FLOOR: 21
21-302 WEST WASHINGTON STREET 2
INDIANAPOLIS, IN 46204-2770
2 23
2 24
2
25 25
Page 3 Page 5
2 INDEX OF EXAR 1 (Time Noted 10:01 a.m.)
3. DIRECT EXAMINATION .. 2 BRENT MYERS,
Questions by Mr. Robert T.
4 CROSS-EXAMINATION . 3 having been duly sworn to tell the truth, the whole
by Mr. Christopher C. + . :
5 CROSSERAMINATION se 4 truth, and nothing but the truth relating to said
5 Custonshy Me Adam Gs Forest 5 matter, was examined and testified as follows:
INDEX OF EXHIBITS 6
1
§ Devcon ei: 7 DIRECT EXAMINATION,
9° Ehibit A = Amer
S066) Deposition 8 QUESTIONS BY MR. ROBERT T. KEEN, JR.:
10
Exhibit B - Document Titled, "Notification 10 9 Q Please state your name.
u fe a Vil 10 A It's Brent Myers.
n Otner Duties” 11 Q Your address?
13° Exhibit C  -Document Titled, "Notification. 15
A ofRegitenetoRegiersa 12 A Here at work?
15. Exhibit Document Tiled +. ...-.17 13 Q Your work address is fine,
s “Classification Appeal” 14 A Okay. 302 West Washington Street, Suite E-334,
Exhibit Release Authorization, Release. 21 15 Indianapolis, Indiana 46204.
n Checklist, Memorandum Dated on
#7302012, Form from te Fort 16 Q Where is it that you work?
" ual Puce eles” 17 A. The Indiana Department of Correction.
Blown ey. Naor 18 Q You go by Brent?
20 Sex and Violent Offender 19 A Yes.
Registration Responsibilities and cas
2 Other Duties, Parole Stipulations 20 Q Sodo you mind if! call you that?
for Sex Offender, Sex oF Violent
2 Otender Registration Form, 21 A Absolutely.
Ten Leave Ag fo ,
b Campton Offender For foot the 22 Q I'mBob Keen. I represent Noble County
‘New Caste ComectonalFuility i i
New Case Corectoa Fait, 23 Defendants in a lawsuit that Jeffrey Brown has
Form, Request fr Bus Voucher, 24 filed. We're here today to take your deposition
2s Galeaye Worksheet and Offender : ~e
Trust System 25 in connection with that case.

2 (Pages 2 - 5)

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ale.

NEW CASTLE CORRECTIONAL FACILITY
CLASSIFICATION DEPARTMENT

To: Offender “Raown, Jererey
noch @SeIIS
Housing BY Bo(

From: t

Date: OL 2O 2oin | . Ole :

RE: TRANSPORT UPON RELEASE

Please indicate belaw how you plan to leave upon your release, /

Q Family/l riend is picking me up from Facility
NCF is to transport me

Please indicate if you need the facility to provide you with clothing upon your release what sizes you
need: .

shict:_ 3 x “rms 36/34 : moh aft

Please complete this form and return to CLASSI SSIICATIOw)
Reentry Specialist in Classification within 48 how. hours.

Yh Daegne Uo obi.

Office use only: .
Placement status: Araprove Pending J. Assist: Yes «%_No
Bus Station: _, Aes No TOT: | Yes

Address: City: Zip Code:

No County:

County; State 000140


Page 46

Page 48

L register. 1 obligation to register.
2 Q Okay. Do you know why she conducted that review | 2 Q Do you know when that changed, that policy
3 in March of 2016? 3 changed?
4 A Yes, It's the previous exhibit, Shawn Dunafin 4 A Idonot know.
5 had reached out to our office to request the 5 Q And when you say the department would start
6 review. 6 looking at individual offenders or inmates, did
7 Q And do you know on what basis she determined 7 you have some sort of list of individuals that
8 that Mr. Brown was not required to register as a 8 fall into that -- that had been a gray area that
9 sex offender? 9 you looked at?
10 A_ Yes. His two crimes that could be sex or 10 A List of individuals? No.
11 violent offender related, which were criminal 11 Q So how was it that you looked at it, your
12 confinement and sexual battery. Criminal 12 department looked at it, to see whether or not
13 confinement was committed against an adult, and 13 someone who had previously been notified they
14 sexual battery was also committed against an 14 had to register as a sex offender, that they no
15 adult, and that offense was added to the 15 longer had to do so?
16 registration listing after he committed that 16 A When either an individual was getting out of the
17 crime. So, therefore, it was not noticed. 17 Department of Correction, or if a request came
18 Q And does that go back to the court decision that 18 to us, or if there happened to be litigation, so
19 we discussed previously? 19 we would look -- and probably examples as well,
20 A Itdoes. 20 but we would look at cases and individuals at
21 Q And you said at some point that the policy of 21 that time, and we would make a determination
22 the Department of Corrections changed in regard 22 based on our understanding at that point; when
23 to whether or not the registration requirement 23 the individual committed their crime, what case
24 would -- necessitated some kind of individual 24 Jaw was in place at that time, what Indiana code
25 application to a court; do you remember that 25 was in place, and we would make that decision.
Page 47 Page 49
1 discussion we had? 1 Q Prior to March of 2016, did the Department of
2 A Yes. 2 Corrections have some sort of database in its
3. Q And can you explain what changed, how the policy 3 system that actually listed each person who was
4 changed, and we'll talk about when? 4 subject to the sex registration requirements?
5 A Sure, So when the case Wallace v. State 5 A Yes,
6 _ initially came down, there was a lot of 6 Q And then was that broken down in a way that you
7 confusion on how to implement that decision, and 7 could look at that database and determine
8 we were provided advice that it was an "as 8 whether or not the requirement for registration
9 applied decision," and so it applied to Richard 9 was based upon convictions that occurred before
10 Wallace at that time. 10 the law was changed?
11 We were advised by the AG's office that 11 A No.
12 when we were making our determinations, that 12 Q So inorder to do that, you had to go back into
13 offenders actually had to go back to court and 13 the record of each individual inmate?
14 get an order specific to them to be removed from 14 A Absolutely.
15 the registry. 15 Q And as I understand your testimony, that was
16 At some later point, and I don't have 16 only done when inmates were then being released
17 specific dates, we actually changed that 17 ata particular time from prison; right?
18 process, based on some advice from our own 18 A_ That is part of it.
19 internal counsel, and we started proactively 19 Q Orifsomeone requested that there be an
20 looking at individuals to see when their crimes 20 investigation; correct?
21 ‘were committed and whether or not they were on 21 A Yes.
22 notice for those crimes, 22 Q Orif some litigation prompted it?
23 And as a result of that, we would 23, A Yes.
24 proactively indicate either they didn't have an 24 Q Any other reasons there would be some
25 obligation to register or they no longer had an 25 investigation to determine whether the

13 (Pages 46 - 49)

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Page 58 Page 60
1 Bryan R. Findley, Esq. 1 Brown, Jeffrey v. Hartman, Kyle et al.
2. bryan.findley@atg.in.gov 2 Brent Myers (#3610902)
3 January 9, 2020 3 ACKNOWLEDGEMENT OF DEPONENT
4 RE: Brown, Jeffrey v, Hartman, Kyle et al. 4 I, Brent Myers, do hereby declare that I
5 12/16/2019, Brent Myers (#3610902) 5 have read the foregoing transcript, I have made any
6 — The above-referenced transcript is available for 6 corrections, additions, or changes I deemed necessary as
7 review. 7 noted above to be appended hereto, and that the same is
8 Within the applicable timeframe, the witness should 8 a true, correct and complete transcript of the testimony
9 read the testimony to verify its accuracy. If there are 9. given by me.
10 any changes, the witness should note those with the 10
11 reason, on the attached Errata Sheet. i
12. The witness should sign the Acknowledgment of 12. Brent Myers Date
13 Deponent and Errata and return to the deposing attorney. | 13. *If notary is required
14 Copies should be sent to all counsel, and to Veritext at 14 SUBSCRIBED AND SWORN TO BEFORE ME THIS
15 erratas-cs@veritext.com 15 ___ DAY OF »20__.
16 16
17 Return completed errata within 30 days from 7
18 receipt of testimony. 18
19 If the witness fails to do so within the time 19 NOTARY PUBLIC
20 allotted, the transcript may be used as if signed. 20
21 21
22 Yours, 22
23 Veritext Legal Solutions 2B
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1 Brown, Jeffrey v. Hartman, Kyle et al.
2 Brent Myers (#3610902)
3 ERRATA SHEET
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6 REASON.
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18 REASON,
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21 REASON
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24 Brent Myers Date
25

16 (Pages 58 - 60)

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